Thomas v. Giles

Filing 33

ORDER ADOPTING REPORT 32 AND RECOMMENDATION re: 29 MOTION for Leave to Appeal in forma pauperis (with Prisoner Account Statement)by Demarco T. Thomas TO DENY MOTION for Leave to Appeal in forma pauperis. Signed by Chief Judge Callie V. S. Granade on 9/8/09. Copies to parties & Eleventh Circuit. (mpp)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DEMARCO T. THOMAS, AIS 211109, Petitioner, : vs. J.C. GILES, Respondent. : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the petitioner's motion for leave to appeal in forma pauperis, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(3) is ADOPTED as the opinion of this court. The court certifies that the petitioner's appeal is not taken in good faith; therefore, the petitioner's motion for leave to appeal in forma pauperis (Doc. 29) is hereby DENIED. DONE and ORDERED this the 8th day of September, 2009. CA 09-0047-CG-C : :

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE